Pub. L. 108-203, tit. I, subtit. A, sec. 103

DISQUALIFICATION FROM SERVICE AS REPRESENTATIVE PAYEE OF PERSONS CONVICTED OF OFFENSES RESULTING IN IMPRISONMENT FOR MORE THAN 1 YEAR OR FLEEING PROSECUTION, CUSTODY, OR CONFINEMENT.

EnactedYear: 2004Length: 1,142 wordsOfficial source
SEC. 103. DISQUALIFICATION FROM SERVICE AS REPRESENTATIVE PAYEE OF PERSONS CONVICTED OF OFFENSES RESULTING IN IMPRISONMENT FOR MORE THAN 1 YEAR OR FLEEING PROSECUTION, CUSTODY, OR CONFINEMENT.(a) Title II Amendments.—Section 205(j)(2) of the Social Security Act (42 U.S.C. 405(j)(2)) is amended—(1) in subparagraph (B)(i)—(A) by striking “and” at the end of subclause (III);(B) by redesignating subclause (IV) as subclause (VI); and(C) by inserting after subclause (III) the following:118 STAT. 501 “(IV) obtain information concerning whether such person has been convicted of any other offense under Federal or State law which resulted in imprisonment for more than 1 year,“(V) obtain information concerning whether such person is a person described in section 202(x)(1)(A)(iv), and”;(2) in subparagraph (B), by adding at the end the following:“(iii) Notwithstanding the provisions of section 552a of title 5, United States Code, or any other provision of Federal or State law (other than section 6103 of the Internal Revenue Code of 1986 and section 1106(c) of this Act), the Commissioner shall furnish any Federal, State, or local law enforcement officer, upon the written request of the officer, with the current address, social security account number, and photograph (if applicable) of any person investigated under this paragraph, if the officer furnishes the Commissioner with the name of such person and such other identifying information as may reasonably be required by the Commissioner to establish the unique identity of such person, and notifies the Commissioner that—“(I) such person is described in section 202(x)(1)(A)(iv),“(II) such person has information that is necessary for the officer to conduct the officer’s official duties, and“(III) the location or apprehension of such person is within the officer’s official duties.”;(3) in subparagraph (C)(i)(II)—(A) by striking “subparagraph (B)(i)(IV),,” and inserting “subparagraph (B)(i)(VI)”; and(B) by striking “section 1631(a)(2)(B)(ii)(IV)” and inserting “section 1631(a)(2)(B)(ii)(VI)”; and(4) in subparagraph (C)(i)—(A) by striking “or” at the end of subclause (II);(B) by striking the period at the end of subclause (III) and inserting a comma; and(C) by adding at the end the following:“(IV) such person has previously been convicted as described in subparagraph (B)(i)(IV), unless the Commissioner determines that such certification would be appropriate notwithstanding such conviction, or“(V) such person is a person described in section 202(x)(1)(A)(iv).”.(b) Title VIII Amendments.—Section 807 of such Act (42 U.S.C. 1007) is amended—(1) in subsection (b)(2)—(A) by striking “and” at the end of subparagraph (C);(B) by redesignating subparagraph (D) as subparagraph (F); and(C) by inserting after subparagraph (C) the following:“(D) obtain information concerning whether such person has been convicted of any other offense under Federal or State law which resulted in imprisonment for more than 1 year;“(E) obtain information concerning whether such person is a person described in section 804(a)(2); and”;(2) in subsection (b), by adding at the end the following:“(3) Notwithstanding the provisions of section 552a of title 5, United States Code, or any other provision of Federal or State law (other than section 6103 of the Internal Revenue Code of 1986 and section 1106(c) of this Act), the Commissioner 118 STAT. 502 shall furnish any Federal, State, or local law enforcement officer, upon the written request of the officer, with the current address, social security account number, and photograph (if applicable) of any person investigated under this subsection, if the officer furnishes the Commissioner with the name of such person and such other identifying information as may reasonably be required by the Commissioner to establish the unique identity of such person, and notifies the Commissioner that—“(A) such person is described in section 804(a)(2),“(B) such person has information that is necessary for the officer to conduct the officer’s official duties, and“(C) the location or apprehension of such person is within the officer’s official duties.”; and(3) in subsection (d)(1)—(A) by striking “or” at the end of subparagraph (B);(B) by striking the period at the end of subparagraph (C) and inserting a semicolon; and(C) by adding at the end the following:“(D) such person has previously been convicted as described in subsection (b)(2)(D), unless the Commissioner determines that such payment would be appropriate notwithstanding such conviction; or“(E) such person is a person described in section 804(a)(2).”.(c) Title XVI Amendments.—Section 1631(a)(2)(B) of such Act (42 U.S.C. 1383(a)(2)(B)) is amended—(1) in clause (ii)—(A) by striking “and” at the end of subclause (III);(B) by redesignating subclause (IV) as subclause (VI); and(C) by inserting after subclause (III) the following:“(IV) obtain information concerning whether the person has been convicted of any other offense under Federal or State law which resulted in imprisonment for more than 1 year;“(V) obtain information concerning whether such person is a person described in section 1611(e)(4)(A); and”;(2) in clause (iii)(II)—(A) by striking “clause (ii)(IV)” and inserting “clause (ii)(VI)”; and(B) by striking “section 205(j)(2)(B)(i)(IV)” and inserting “section 205(j)(2)(B)(i)(VI)”;(3) in clause (iii)—(A) by striking “or” at the end of subclause (II);(B) by striking the period at the end of subclause (III) and inserting a semicolon; and(C) by adding at the end the following:“(IV) the person has previously been convicted as described in clause (ii)(IV) of this subparagraph, unless the Commissioner determines that the payment would be appropriate notwithstanding the conviction; or“(V) such person is a person described in section 1611(e)(4)(A).”; and(4) by adding at the end the following:“(xiv) Notwithstanding the provisions of section 552a of title 5, United States Code, or any other provision of Federal or State law (other than section 6103 of the Internal Revenue Code of 118 STAT. 503 1986 and section 1106(c) of this Act), the Commissioner shall furnish any Federal, State, or local law enforcement officer, upon the written request of the officer, with the current address, social security account number, and photograph (if applicable) of any person investigated under this subparagraph, if the officer furnishes the Commissioner with the name of such person and such other identifying information as may reasonably be required by the Commissioner to establish the unique identity of such person, and notifies the Commissioner that—“(I) such person is described in section 1611(e)(4)(A),“(II) such person has information that is necessary for the officer to conduct the officer’s official duties, and“(III) the location or apprehension of such person is within the officer’s official duties.”.(d) Effective Date.—The amendments made by this section shall take effect on the first day of the thirteenth month beginning after the date of the enactment of this Act.(e) Report to Congress.—The Commissioner of Social Security, in consultation with the Inspector General of the Social Security Administration, shall prepare a report evaluating whether the existing procedures and reviews for the qualification (including disqualification) of representative payees are sufficient to enable the Commissioner to protect benefits from being misused by representative payees. The Commissioner shall submit the report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate no later than 270 days after the date of the enactment of this Act. The Commissioner shall include in such report any recommendations that the Commissioner considers appropriate.
Pub. L. 108-203, tit. I, subtit. A, sec. 103: DISQUALIFICATION FROM SERVICE AS REPRESENTATIVE PAYEE OF PERSONS CONVICTED OF OFFENSES RESULTING IN IMPRISONMENT FOR MORE THAN 1 YEAR OR FLEEING PROSECUTION, CUSTODY, OR CONFINEMENT. | Justis AI